Work Health & Safety
Simon has acted for numerous defendants in work, health and safety prosecutions, both in relation to general industry and the mining, petroleum and gas industries. This has included acting for defendants in the first Category One offence under the Queensland Work Health and Safety Act 2011 and also in the first sentencing under that Act for an employer with a prior conviction. Particular types of matters Simon has acted in are:
Simon has also acted for numerous parties to workers’ compensation claims, including advising on the claims process under the Workers’ Compensation and Rehabilitation Act 2003, advising on liability, quantum and evidence, settling court documents and submissions, appearing in compulsory
conferences, and conducting claims. This experience has also involved the conduct of appeals to the Queensland Industrial Relations Commission on decisions of Q-Comp refusing an injury as being within the Workers Compensation and Rehabilitation Act 2003.
See for example Morris v Q-Comp WC/2012/308
Simon has acted in the Northern Territory, and advised on the Return to Work Act and the prior form of that legislation (the Workers Rehabilitation and Compensation Act), in particular relating to noise induced hearing loss.
In addition to work, health and safety focussed matters, Simon has also acted in and advised on a large range of other regulatory prosecutions and administrative actions. Details of the legislation involved can be found here: Administrative Law & Government
Simon’s background prior to coming to the private bar includes the following career milestones –
He was Director Advocacy for the conduct of prosecutions under the various Queensland mining and petroleum safety and health legislation.
Simon managed prosecutions under the Mining and Quarrying Safety and Health Act 1999, Coal Mining Safety and Health Act 1999, Petroleum and Gas (Production and Safety) Act 2004 and the Explosives Act 1999, including prosecutions for deaths and grievous bodily harm cause on mine sites, incidents involving detonation of explosives, and licensing and official direction breaches.
He has managed legislation development for Workplace Health and Safety Queensland, having previously conducted workers’ compensation claims while with the Crown Solicitor’s office. His duties have included planning and managing the workplace health and safety program, particularly in relation to review of the Workplace Health and Safety Regulation 1995, and managing the development of strategic policy advice, research and analysis of occupational health and safety (OHS) issues, both at a state and national level (including monitoring of trends and development of national OHS codes and standards).